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Tuesday, November 20, 2012

The tribunal started with Zead Al Malum telling the tribunal that Ms. Sultana Kamal is present before the Tribunal today to give deposition in the case of Golam Azam.

Chairman: We have to finish the cross examination of the IO at first for the case of Delwar Hossain Syedee. So, re-fix the date. [Mr.Malum has discussed the matter with Ms. Sultana Kamala and told the Tribunal that-the prosecution witness will leave the country for some days, so she might be available on 10th or 9th September, 2012. Chairman has approved 10th September for the deposition of Ms. Sulatana Kamal and on 27-8-2012 for other witnesses.

Then the Chairman has told the Prosecutor that it had an application in our hand about the disclosure of the seized fortnightly reports, we will hear it after the vacation.

Defence: Have you found the information about the children and the fathers of the following persons namely- Upendra Nath, Jogendranath Mistry, Surendranath Mistry, Motilal Mistry, Binoy Krishno Mistry during your investigation?

Witness: No.

Defence: Witnesses Ashish Kumar Mondo, Sumoti Rani and Somor Mistry were not the members of the victim’s family in the 1971 liberation war.

Witness: Yes.

Defence: Whether you have gone to Machimpur from Parerhat?

Witness: Yes, on 10-9-2010 at 13:30 P.M.

Defence: There was no incident which mentioned the name of Machimpur in the complaint filed in the Investigation Agency and the FIR of Manik Poshari.

Witness: Yes.

Defence: When did you first knew about the offences committed by the Pakistan Army and their associates?

Witness: From several sources of information, from the people and from several data-documents during the investigation. But the date has not been mentioned in my note.

Defence: Are there other houses in the area where the houses of these three persons are located?

Witness: Yes, there are several houses. But the houses of these three persons are a bit away from the main road. There is no link road to go to Ashish Kumar Mondol’s house.

Defence: When did you at first go to the graveyard of those that died?

Witness: On 20-9-2010 I went there and asked the local people, who are the witnesses, then went to Ashish Kumar Mondol’s house and interrogated him and recorded his statement and then went behind the LGED Office and recorded the statement of two other witnesses. By the graveyard I have meant the place of killing of 10 people. That is an empty place; there are some houses and a canal beside it. There are houses beside both the sides of the canal and Mr. Ashish’s house is located beside other side of the canal.

Defence: If you have gone with the legal processes of these three witnesses at the same time?

Witness: Yes. The SI of Pirojpur Sadar Police Station Badal Krishno was also with me.

Defence: If the other witnesses of the case were with you then?

Witness: No, the other witnesses were not with me. When I have gone to the house of Somor Mistry then 2 or 3 local people have came but I don’t know their identity. Two or three persons have discussed with the son of Somor Mistry during my presence. I have discussed with the wife, son of Somor Mistry and the witness also. I have stayed for almost half an hour at his house. I have gone to Ashish Kumar Mondol’s house from Mr. Somor’s house. Mr. Somor was with me while I was going to Mr. Ashish’s house. I have met Mr. Ashish and Ms. Sumoti Rani Mondol there. We have stayed at the house for almost half an hour. Most probably we have gone to the house of Suresh Mondol from the house of Mr. Ashish.

Defence: Did you go to houses of the witnesses who have given their statements before the Tribunal?

Witness: I can’t remember.

Defence: Did Mr. Badal Krishno has gone to these houses afterwards?

Witness: He has taken these witnesses to Dhaka for the deposition purpose. But I can’t remember the dates. I can’t remember also when the witnesses have started towards Dhaka.

Defence: Does Sumoti Rani’s son in law works in the Bangladesh Police Department?

Witness: I don’t know.

Defence: Did SI Badal Krishno or someone from the Pirojpur Police Department visit the houses of witnesses Ashish Kumar Mondol, Sumoti Rani, Somor Mistry after they left Dhaka?

Witness: As far as I know they have visited.

Defence: For how long have the witnesses stayed at the place which is intended for the witnesses to stay at Dhaka?

Witness: I can’t say. May be for one or two days.

Defence: You have kept the witnesses in the place intended for the staying of the witnesses in Dhaka for a long time.

Witness: Not true.

Defence: The witnesses didn’t agree to give statements on the accord of the Prosecution, so they were not presented before the Tribunal.

Witness: Not true.

Defence: Who has edited the book ‘Firee dekha Ekattor’?

Witness: It has not been mentioned in my note; I have downloaded the book from the website https://warcriminalsbd.org/. I don’t know the date of publication. I don’t know who the publisher was.

Defence: Whether the part you contain is its summary?

Witness: No, it is not a summary but a part.

Defence: If you have asked for the existence of the book on Dhaka District Administration, Department of Film & Publications and the Ministry of Information?

Witness: No.

Defence: Does it contain the name of General M A G Osmani?

Witness: Yes.

Defence: Whether the book contains the names of the Local Administration to District Administration of the Liberation War?

Witness: Yes.

Defence: Who was the Chief of the Southern part of the Administration?

Witness: Late Abdur Rab Serniyabat was the Chief of Administration and Mr. A Momin was the administrator.

Defence: Where have the documents of the local administration during the liberation war 1971 been deposited?

Witness: It has not been mentioned in my note.

Defence: If you have investigated about Mr. A Momin?

Witness: I can’t say, as it is not noted in my diary.

Defence: If there are any interviews of any important person in the part of book?

Witness: Yes.

Defence: If the book contains the names of the people who were against the liberation?

Witness: Yes.

Defence: The part of the book contains the names of several organizations made by Pakistan Army as well the Razakar Bahini.

Witness: Yes.

Defence: The book does not contain any complaint against Mr. Ssyedee, even his name has not been included there.

Witness: Yes.

Defence: The website as you have mentioned does not contain any part of the book except the name of the book.

Witness: Not true.

Defence: You have attached the other documents with the book ‘Instrument to Surrender’ because the names of Jamate Islami or the Peace Committee have not been included in the list of Paramilitary and Armed forces.

Witness: Not true.

Defence: When did you record the statement of PW Sail Hafijur Rahman (PW-27)?

Witness: On 25-01-2011 at his house at Norail.

Defence: Whether you have gone with his Process from this Tribunal?

Witness: No, I didn’t go but I have requested the Norail Police Super to send him.

Defence: Have you found the information whether Mr. Khan Bahadur Afjal was present on the Sangram Parishad of Pirojpur of 1971?

Witness: No.

Defence: There are the descriptions of 4 graveyards- given by the District Freedom Fighter Shangsad. Mention the names.

Defence: Where is the house of Ruhul Amin
Hawlader son of Anwar Hossain Hawlader?

Witness: In Parerhat Bazaar.

Defence: Did you ask Mohammad and Hasan Ali
of Chitolia?Witness: It is not in my note.

Defence: The report of Janokontho which is
in 13th volume of 3491 page, what is its date?

Witness: The paper presented in the Tribunal in the heading of “That
Saydee, killer of 1971” is in the page of 1384 of 13th volume but
there is no date.

Defence: According to this news Saydee
remained at Parehat till 19th December.

Witness: Yes.

Defence: Did you search who was that
reporter and did you ask him during investigation?

Witness: I can’t say as it is not in my
note.

Defence: The reporter of Bhorer Kagoj
states the mass investigation commission, monthly Nipun August 1987 and
reservation centre of liberation war as the reference of the news in the
heading of “71 proofs of Rajakar” which was published in 04-11-2007.

Witness: Yes.

Defence: Did you send any letter to D.C.C
of Dhaka, FP and ministry of information for collecting that copy of Nipun and
examining its existence?

Witness: I did not send any letter and
didn’t go myself but it was not found in the archive of Bangla Academy and
P.I.B when it was searching there.

Defence: Say the address of reservation center
of liberation war?

Witness: I don’t know its address.

Defence: Did you find in any place the name
of Saheb Bazaar in Parerhat or Pirojpur?

Witness: It is not in my note.

Defence: Who was the convener of Mass
Investigation Commission, at the time of your investigation?

Witness: I did not enquire.

Defence: From whom did you collect the
report of Mass Investigation Commission?

Witness: I collected it from museum of
libation war, no-5 Sagunbagicha. I took main copy in my control and gave its
photo copy to prosecution for presenting in the Tribunal.

Defence: There are a secretariat and a
steering committee for helping the National Mass Investigation Commission?

About Me

This is a personal blog, and any views are solely mine. I am a Bangladesh based journalist who has since August 2010 worked as Editor, Special Reports for the Bangladesh national newspaper, New Age (see my other blog on the International Crimes Tribunal in Bangladesh: http://bangladeshwarcrimes.blogspot.com) Prior to working at New Age, between March and September 2010, I worked as a senior editor and reporter at the news website, bdnews24.com and before that I spent seven months at the Bangladesh newspaper, the Daily Star, setting up a small investigations unit. Between 2000 and 2009, I was the Executive Director of the Centre for Corporate Accountability, a UK based not-for-profit organisation concerned with workplace safety. Before that, I worked as a Television journalist and producer for about seven years working mainly for the television production company, Twenty Twenty Television in London. In 1995, I was involved in making the Royal Television Society award winning Channel Four documentary, the 'War Crimes File', a film about war crimes allegedly committed by three men during the 1971 War of Indpendence. I have lived in Dhaka since 2003.